www.mwe.com
Open in
urlscan Pro
45.60.123.248
Public Scan
URL:
https://www.mwe.com/
Submission: On October 25 via manual from MY — Scanned from DE
Submission: On October 25 via manual from MY — Scanned from DE
Form analysis 2 forms found in the DOM
GET https://www.mwe.com/
<form role="search" action="https://www.mwe.com/" method="get" class="general-search-form">
<div class="typeahead__container">
<div class="typeahead__field">
<div class="typeahead__query">
<input class="search-for-general header-general-search-menu" type="search" name="s" placeholder="Explore McDermott" autocomplete="off">
</div>
<div class="typeahead__button">
<button type="submit" class="btn btn-search search-for-general-search">
<span class="typeahead-search-icon"></span>
</button>
</div>
</div>
</div>
<input name="filter" type="hidden" value="all">
<input name="lang" type="hidden" value="en">
</form>GET https://www.mwe.com/
<form id="search" class="swifty-form" role="search" action="https://www.mwe.com/" method="get">
<input class="swifty-form-search-input" autocomplete="off" type="text" data-category="all" name="s" placeholder="Explore McDermott" aria-label="Explore McDermott">
<select class="swifty-form-lang-select" name="lang">
<option value="en" selected="">EN</option>
<option value="de">DE</option>
<option value="fr">FR</option>
<option value="it">IT</option>
</select>
<input type="hidden" name="filter" value="all">
<input class="js-lang-input" type="hidden" name="" value="de">
<div class="home div-lds-dual-ring">
<i class="lds-dual-ring"></i>
</div>
<button type="submit" class="btn btn-search search-for-general-search" aria-label="Search Input">
<span class="typeahead-search-icon"></span>
</button>
<div class="home swifty-form-search-autocomplete-results" style="display:none;"></div>
</form>Text Content
* People
* Services
* Industries
* Insights & Events
* About
About McDermott
* Firm Overview
* About Us
* Vision & Values
* Our Approach
* Diversity & Inclusion
* Pro Bono & Community Service
* Firm Facts
* Alumni
* Media
* Our Work
* Careers
* Locations
|
* *
*
*
*
*
* * English
* Deutsch
* Français
* Italiano
*
*
*
MCDERMOTT RISE PROGRAM
Working alongside entrepreneurs of color to launch, scale and bridge the gap for
diverse founders.
APPLY HERE
TURNING THE TIDE
Fierce advocacy and pro bono efforts apply pressure to improve water quality
LEARN MORE
* 1
* 2
* 3
* 4
* 5
NAVIGATING POST-ROE V. WADE
Access state-by-state regulations and practical resources focused on
reproductive health
LEARN MORE
* 1
* 2
* 3
* 4
* 5
LIGHTS, CAMERA … LEGAL ACTION
Legal innovation and movie magic shape industry-wide anti-harassment trainings
in Hollywood
READ MORE
* 1
* 2
* 3
* 4
* 5
DRIVING A DIGITAL FUTURE
Joint venture between Volkswagen Financial Services and J.P. Morgan helps shape
future of e-payments
READ MORE
* 1
* 2
* 3
* 4
* 5
MCDERMOTT RISE PROGRAM
Working alongside entrepreneurs of color to launch, scale and bridge the gap for
diverse founders.
APPLY HERE
* 1
* 2
* 3
* 4
* 5
TURNING THE TIDE
Fierce advocacy and pro bono efforts apply pressure to improve water quality
LEARN MORE
NAVIGATING POST-ROE V. WADE
Access state-by-state regulations and practical resources focused on
reproductive health
LEARN MORE
LIGHTS, CAMERA … LEGAL ACTION
Legal innovation and movie magic shape industry-wide anti-harassment trainings
in Hollywood
READ MORE
DRIVING A DIGITAL FUTURE
Joint venture between Volkswagen Financial Services and J.P. Morgan helps shape
future of e-payments
READ MORE
MCDERMOTT RISE PROGRAM
Working alongside entrepreneurs of color to launch, scale and bridge the gap for
diverse founders.
APPLY HERE
EN DE FR IT
TELEHEALTH PRESCRIBING – WHAT’S PERMISSIBLE IN YOUR STATE?
Use plus and minus keys on your keyboard to zoom in and outSeriesStates –
USA+Press ENTER to zoom outUse arrow keys to zoom in and out-Press ENTER to zoom
inInteractive Map100%
Zoom level changed to 1
Telehealth’s state-by-state regulatory patchwork means that healthcare providers
must navigate a variety of regulations that govern which types of care can be
provided by virtual means, and even what modalities can be used in different
care settings.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Disclaimer
DISCLAIMER
×
This does not constitute legal advice. All research contained herein should be
verified prior to reliance thereon, and an attorney should be consulted to
assess its applicability to any particular model of care. By accessing this
site, you accept the terms of our privacy policy and you acknowledge your
understanding that this tool is not a replacement for legal counsel. There is no
guarantee that this research is up to date, as laws and regulations in this
space continue to evolve.
Report last updated December 2021; note this report does not generally reflect
waivers issued during the COVID-19 public health emergency, and this research
does not reflect any requirements of health plans, including Medicaid programs,
which may have their own modality requirements.
MEET OUR TEAM
A diverse, global network of industry-leading talent committed to you and your
vision.
People
MOST EFFECTIVE DEALMAKER IN TEXAS LAWYER 2022
-JOANNA JUNG-ERH LIN
PARTNER
JOANNA JUNG-ERH LIN
PARTNER
RECOGNIZED AS A “MOST INFLUENTIAL BLACK LAWYER” BY SAVOY MAGAZINE IN 2022
-ANTHONY N. UPSHAW
PARTNER
ANTHONY N. UPSHAW
PARTNER
‘LAWYER OF THE YEAR’ IN TRUSTS AND ESTATES, THE BEST LAWYERS IN AMERICA 2022
-JULIE MIRAGLIA KWON
PARTNER
JULIE MIRAGLIA KWON
PARTNER
RECOGNIZED AS A ‘WOMAN WORTH WATCHING IN LEADERSHIP’ BY DIVERSITY JOURNAL IN
2021
-VERNESSA T. POLLARD
PARTNER
VERNESSA T. POLLARD
PARTNER
INTERNATIONAL A-LIST LAWYER IN INDIA BUSINESS LAW JOURNAL 2022
-RANAJOY BASU
PARTNER
RANAJOY BASU
PARTNER
RECOGNIZED WITH THE AMERICAN BAR ASSOCIATION’S MARGARET BRENT WOMEN LAWYERS OF
ACHIEVEMENT AWARD IN 2022
-CHRISTINA L. MARTINI
PARTNER
CHRISTINA L. MARTINI
PARTNER
MOST EFFECTIVE DEALMAKER IN TEXAS LAWYER 2022
-JOANNA JUNG-ERH LIN
PARTNER
JOANNA JUNG-ERH LIN
PARTNER
RECOGNIZED AS A “MOST INFLUENTIAL BLACK LAWYER” BY SAVOY MAGAZINE IN 2022
-ANTHONY N. UPSHAW
PARTNER
ANTHONY N. UPSHAW
PARTNER
‘LAWYER OF THE YEAR’ IN TRUSTS AND ESTATES, THE BEST LAWYERS IN AMERICA 2022
-JULIE MIRAGLIA KWON
PARTNER
JULIE MIRAGLIA KWON
PARTNER
RECOGNIZED AS A ‘WOMAN WORTH WATCHING IN LEADERSHIP’ BY DIVERSITY JOURNAL IN
2021
-VERNESSA T. POLLARD
PARTNER
VERNESSA T. POLLARD
PARTNER
INTERNATIONAL A-LIST LAWYER IN INDIA BUSINESS LAW JOURNAL 2022
-RANAJOY BASU
PARTNER
RANAJOY BASU
PARTNER
RECOGNIZED WITH THE AMERICAN BAR ASSOCIATION’S MARGARET BRENT WOMEN LAWYERS OF
ACHIEVEMENT AWARD IN 2022
-CHRISTINA L. MARTINI
PARTNER
CHRISTINA L. MARTINI
PARTNER
MOST EFFECTIVE DEALMAKER IN TEXAS LAWYER 2022
-JOANNA JUNG-ERH LIN
PARTNER
JOANNA JUNG-ERH LIN
PARTNER
* 1
* 2
* 3
* 4
* 5
* 6
EXPLORE OUR EXPERIENCE
4/4
GLOBAL PRIVACY & CYBERSECURITY
Your organization faces increasing pressure to ensure customers’ data privacy
and stay ahead of the curve on cybersecurity regulations and risks. Our global
team brings you sophisticated guidance on the complex statutory, regulatory and
enforcement regimes that govern the collection, use and disclosure of data
around the world. To help you think ahead, we constantly monitor industry trends
and provide proactive counsel on global privacy compliance, catastrophic cyber
incident response, best practices for implementing cutting-edge data strategies
and beyond.
Read More
1/4
APPELLATE
As you confront the challenges and consequences of appealing a trial court
decision, you can turn to our appellate team for the highest quality briefing,
oral advocacy and strategic counseling at every step of the process. Combining
unparalleled constitutional litigation experience with creative legal solutions,
we are always ready to roll up our sleeves and tackle the complexities of
appeals courts of all levels across the country—including the Supreme Court—on
behalf of leading companies, individuals, business associations and other
litigants.
Read More
2/4
ALCOHOL
To help your business navigate the unique, complex regulations around alcohol
beverage licensing, permitting, production, taxation and more, we tap into our
premier team’s collective legislative and regulatory experience and deep market
knowledge. As the only Tier 1 Alcohol Regulatory Practice in the United States,
and with experience in jurisdictions around the world, we can provide you with
practical solutions and strategic advice to promote and safeguard your interests
and help fuel your success.
Read More
3/4
ENERGY
Steering your company through the energy market’s regulatory landscape requires
constant attention and a deep understanding of the unique legal issues you
encounter. We make it easier for you to focus on your business objectives,
providing coordinated legal counsel in jurisdictions around the world and
leveraging our broad industry knowledge to help propel your success. You can
turn to us for support with any of your transactional and regulatory needs in
the power, oil and gas, renewable energy biofuels, renewable energy,
agriculture, metals or derivatives markets, at home or abroad.
Read More
4/4
GLOBAL PRIVACY & CYBERSECURITY
Your organization faces increasing pressure to ensure customers’ data privacy
and stay ahead of the curve on cybersecurity regulations and risks. Our global
team brings you sophisticated guidance on the complex statutory, regulatory and
enforcement regimes that govern the collection, use and disclosure of data
around the world. To help you think ahead, we constantly monitor industry trends
and provide proactive counsel on global privacy compliance, catastrophic cyber
incident response, best practices for implementing cutting-edge data strategies
and beyond.
Read More
1/4
APPELLATE
As you confront the challenges and consequences of appealing a trial court
decision, you can turn to our appellate team for the highest quality briefing,
oral advocacy and strategic counseling at every step of the process. Combining
unparalleled constitutional litigation experience with creative legal solutions,
we are always ready to roll up our sleeves and tackle the complexities of
appeals courts of all levels across the country—including the Supreme Court—on
behalf of leading companies, individuals, business associations and other
litigants.
Read More
2/4
ALCOHOL
To help your business navigate the unique, complex regulations around alcohol
beverage licensing, permitting, production, taxation and more, we tap into our
premier team’s collective legislative and regulatory experience and deep market
knowledge. As the only Tier 1 Alcohol Regulatory Practice in the United States,
and with experience in jurisdictions around the world, we can provide you with
practical solutions and strategic advice to promote and safeguard your interests
and help fuel your success.
Read More
3/4
ENERGY
Steering your company through the energy market’s regulatory landscape requires
constant attention and a deep understanding of the unique legal issues you
encounter. We make it easier for you to focus on your business objectives,
providing coordinated legal counsel in jurisdictions around the world and
leveraging our broad industry knowledge to help propel your success. You can
turn to us for support with any of your transactional and regulatory needs in
the power, oil and gas, renewable energy biofuels, renewable energy,
agriculture, metals or derivatives markets, at home or abroad.
Read More
4/4
GLOBAL PRIVACY & CYBERSECURITY
Your organization faces increasing pressure to ensure customers’ data privacy
and stay ahead of the curve on cybersecurity regulations and risks. Our global
team brings you sophisticated guidance on the complex statutory, regulatory and
enforcement regimes that govern the collection, use and disclosure of data
around the world. To help you think ahead, we constantly monitor industry trends
and provide proactive counsel on global privacy compliance, catastrophic cyber
incident response, best practices for implementing cutting-edge data strategies
and beyond.
Read More
DIG DEEPER
Insights & Events / Media
TRENDING TOPICS
IRS Announces 2023 Employee Benefit Plan Limits
CPPA Releases Updated CCPA Regulations
CMS Seeks Provider and Stakeholder Feedback on First National Directory of
Healthcare Providers and Services
McDermott Event / November 17, 2022
Carbon Capture Gets a Long Runway for Development
McDermott Event / November 8-10, 2022
2022 West Coast Forum
On the Subject / October 21, 2022
IRS Announces 2023 Employee Benefit Plan Limits
On the Subject / October 19, 2022
CPPA Releases Updated CCPA Regulations
On the Subject / October 17, 2022
IRS Releases Memorandum Regarding Advance Payments of Section 367(d) Inclusions
Healthcare Regulatory Check-Up / October 2022
Healthcare Regulatory Check-Up | September 2022
Antitrust M&A Snapshot / September 26, 2022
Antitrust M&A Snapshot | Q2 2022
International News / September 2022
International News: Spotlight on Competition Law
Overturned Post-Roe Resource Center
Read More
McDermott Commits to Mansfield Rule 6.0 Certification Process
TRENDING TOPICS
Navigating Data Privacy Questions Post-Dobbs
Increasing Diversity in Innovation
DOJ Unveils More ‘Carrots’ to Ramp Up Corporate Crime Probes
Press Releases / September 22, 2022
Hospitals & Health Systems Innovation Summit to Explore Emerging Trends and
Cutting-Edge Partnerships Transforming the Business of Healthcare
Press Releases / September 19, 2022
McDermott Adds Prominent Litigators in Dallas
Deal Release / September 8, 2022
McDermott Represents CVS Health in $8 Billion Definitive Agreement to Acquire
Signify Health
Read More
×
* Alumni
* Temporary Visitor Policy
* Legal Notices/Imprint
* Privacy & Cookie Policy
* Terms of Use
* McDermott Remote Desktop
* Subscription Preferences
* Contact Us
Cookie Settings
--------------------------------------------------------------------------------
* Related Site:
* McDermott+ Consulting
--------------------------------------------------------------------------------
Attorney Advertising
© 2022 McDermott Will & Emery
Alaska
Physicians:
Alaska permits prescribing based on a telemedicine encounter (typically a secure
two-way videoconference or use of “store-and-forward” technology). Prescribing
solely on the basis of an online questionnaire or email without a prior
physician-patient relationship does not constitute acceptable standard of care
and is prohibited. It is also unprofessional conduct to prescribe based solely
on a patient-supplied history that a physician licensed in this state received
by telephone, facsimile, or electronic format.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Alabama
Physicians:
Alabama permits prescribing based on a telemedicine encounter. There is no
specific definition associated with “telemedicine” in statutes, regulations, or
guidance. Accordingly, physicians are held to the same standard of care
regardless of treatment modality.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Arkansas
Physicians:
A proper patient-provider relationship, which is required in order to prescribe,
may be established via telemedicine using real-time audio and visual
telemedicine technology. Prescriptions based solely in response to an internet
questionnaire, an internet consultation, or a telephone are prohibited.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Arizona
Physicians:
Arizona permits prescribing based on a telehealth encounter, including
audio-only encounters. Based on 2006 guidance, prescribing on the basis of a
questionnaire is not permitted.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
California
Physicians:
California permits prescribing on the basis of a telemedicine encounter,
including based on a self-screening tool or questionnaire, as long as the
licensee complies with the appropriate standard of care.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Colorado
Physicians:
Colorado permits prescribing based on a telehealth encounter, held to the same
standard of practice as in-person care. Prescribing on the basis of a
questionnaire is not acceptable standard of care.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Wyoming
Physicians:
Wyoming has a very broad definition of telemedicine, and it does not otherwise
regulate remote prescribing of non-controlled substances.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
West Virginia
Physicians:
A physician-patient relationship may be established via a real-time audio-visual
encounter, interactive audio-using store and forward technology, or audio-only
conversations in real time. A physician-patient relationship may not be
established through text-based communications such as e-mail, Internet
questionnaires, text-based messaging or other written forms of communication.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Wisconsin
Physicians:
Telemedicine is broadly defined to include services delivered via “electronic
communications.” Before delivering treatment, the physician must conduct a
patient evaluation. Issuing prescriptions based solely on a static questionnaire
is not sufficient.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Washington
Physicians:
There are no statutes or regulations that govern professional standards for
telemedicine services provided by physicians. guidance documents define
“telemedicine” broadly and permit physicians to establish a practitioner-patient
relationship via telemedicine. Patient completion of a questionnaire is
insufficient to establish a practitioner-patient relationship.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Vermont
Physicians:
Physician may prescribe after conducting an examination via telemedicine
(defined to require a live audiovisual encounter) or with “the use of
instrumentation and diagnostic equipment through which images and medical
records may be transmitted electronically.” An electronic, online, or telephonic
evaluation is inadequate for the patient’s initial evaluation.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Virginia
Physicians:
Physicians may prescribe after conducting an examination with “the use of
instrumentation and diagnostic equipment through which images and medical
records may be transmitted electronically.” For the purpose of Schedule VI
controlled substances, either “face-to-face interactive, two-way, real-time
communications services” or store-and-forward technologies are acceptable to
establish a bona-fide practitioner-patient relationship if, among other things,
“the patient has provided a medical history that is available for review by the
prescriber [and] (b) the prescriber obtains an updated medical history at the
time of prescribing.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Utah
Physicians:
Providers can establish a proper provider-patient relationship via telehealth,
which is defined to include both synchronous interactions and asynchronous
store-and-forward technology. Prescribing solely on the basis of an online
questionnaire or patient-generated medical history is prohibited.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Texas
Physicians:
A valid provider-patient relationship may be established via an audio-visual
encounter or asynchronous store and forward technology, provided that the
provider has access to (i) clinically relevant photographic or video images,
including diagnostic images; or (ii) the patient’s relevant medical records,
such as the relevant medical history. Telephone consults are permitted if used
in conjunction with asynchronous store-and-forward technology, and the provider
uses clinical information from images or medical records.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Tennessee
Physicians:
A physician-patient relationship may be established via a telemedicine encounter
whereby health information is transmitted via store and forward technology or
video conferencing. It is impermissible to prescribe based “solely on answers to
a set of questions” and prescriptions generally must be based on a “physical
examination.”
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
South Dakota
Physicians:
The definition of telehealth includes interactive audio-video, interactive audio
with store and forward, and remote patient monitoring. Any health care
professional who utilizes telehealth shall ensure that a proper health
provider-patient relationship is established prior to prescribing.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
South Carolina
Physicians:
Telemedicine is broadly defined to incorporate the practice of medicine via
“electronic communications.” An appropriate evaluation must be conducted before
diagnosing and treating patients, which must meet the standard of care. A simple
questionnaire without an appropriate evaluation is insufficient.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Rhode Island
Physicians:
Prescribing solely on the basis of an online questionnaire is considered
unprofessional conduct. A “physical evaluation” is required, though this can be
completed via telemedicine, which is defined as either two-way, audio-visual
encounter or store-and-forward technology. Prescriptions cannot be issued solely
on the basis of a questionnaire.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Pennsylvania
Physicians:
There are no applicable laws, regulations, or guidance that govern telehealth or
remote prescribing by physicians.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Oregon
Physicians:
The Oregon Medical Board has issued guidance indicating that telemedicine
“generally” includes “secure video conferencing.”
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Oklahoma
Physicians:
Telemedicine encounters must provide equivalent information to what would have
been provided in an in-person exam. Beginning in November, the definition of
telemedicine will explicitly include synchronous and asynchronous mechanisms.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Ohio
Physicians:
Physicians are permitted to prescribe without a “physical examination” as long
as they satisfy certain, enumerated requirements and “use appropriate
technology” to conduct all requirements as if the evaluation were in person. The
Medical Board has said the rule is “silent” on whether a visual connection is
required.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
New York
Physicians:
Telehealth is limited to telemedicine, store and forward technology, remote
patient monitoring and audio-only telephone communication. Telemedicine is
defined to require an audiovisual interaction.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Nevada
Physicians:
The term telehealth is defined to incorporate “information and audio-visual
communication technology.”
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
New Jersey
Physicians:
Telemedicine services shall be provided using interactive, real-time, two-way
communication technologies, but audio-only telemedicine combined with
asynchronous store-and-forward is permissible if the provider accesses and
reviews the patient’s medical records and concludes that the provider can “meet
the same standard of care” as if the services were provided in person.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
New Hampshire
Physicians:
Telehealth and telemedicine include the use of audio, video, or other electronic
media. Providers must establish a provider-patient relationship via an
audiovisual encounter in order to prescribe.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Nebraska
Physicians:
The definition for “telehealth” incorporates both synchronous and asynchronous
modalities.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
North Dakota
Physicians:
Licensees can prescribe on the basis of a telemedicine encounter, which is
defined to include interactive patient encounters, as well as asynchronous
store-and-forward technologies. An examination based solely on a static
questionnaire or audio conversation is insufficient to meet the standard of care
for treatment via telemedicine.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
North Carolina
Physicians:
The Board prohibits prescribing on the basis of answers to a questionnaire. It
also states that a “physical examination” is “ordinarily” required, though it
leaves open the possibility that prescriptions may be issued pursuant to a
telemedicine encounter (which is broadly defined).
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Montana
Physicians:
The definition of “telemedicine” is broadly defined and incorporates
videoconferencing, audio-only conversations, and “store-and-forward,” which is
broadly defined to include electronic information that is reviewed by a health
care provider at a later date. The definition of “telemedicine” excludes emails,
instant messaging conversations, and fax.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Mississippi
Physicians:
Physicians must perform an examination prior to providing treatment, which does
not need to be in-person if the technology provides the same information “as if
the exam had been performed face-to-face.” In addition, a valid physician
patient relationship requires a “physical examination.” Prescribing based solely
on the answers to a set of questions is unprofessional conduct.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Missouri
Physicians:
Prior to prescribing a drug via telemedicine, a physician must establish a valid
physician patient relationship, which includes a “physical examination”
(undefined). In addition, prescribing solely on the basis of an internet
questionnaire is prohibited.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Minnesota
Physicians:
The term “telemedicine” is broadly defined, and includes interactive,
audio-visual encounters and the use of store-and-forward technology.
Store-and-forward technology is not specifically defined.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Maine
Physicians:
A 2021 statute defines telehealth to include both synchronous and asynchronous
encounters. Current regulations applicable to physicians specify that a static
questionnaire is insufficient to form the basis of a prescription. It
distinguishes this with an “adaptive, interactive, and responsive online
interview,” suggesting that the former is permissible. It is unclear whether
telehealth regulations applicable to physicians will be revised in light of the
new telehealth statute.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
New Mexico
Physicians:
Physicians may only prescribe via a telehealth encounter that incorporates
face-to-face, videoconferencing technology. In addition, prescribing based
solely on an online questionnaire is expressly identified as insufficient.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Maryland
Physicians:
A 2020 law permits prescriptions to be issued on the basis of synchronous
(defined solely as “real time”) or asynchronous encounters. The Board of
Medicine has historically had regulations that are more strict than the
provisions in the new statute (including requiring an audio-visual encounter),
although these are arguably superseded by the new law.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Massachusetts
Physicians:
Telehealth is defined to include the use of synchronous and asynchronous
modalities, as well as audio-only telephone and online adaptive interviews.
Based on recent guidance from the Board of Registration in Medicine, a
face-to-face encounter is not required.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Louisiana
Physicians:
Telemedicine is defined to include electronic communications, information
technology, asynchronous store-and-forward transfer technology, or technology
that facilitates synchronous interaction between a physician at a distant site
and a patient at an originating site, or audio-only under certain circumstances.
Email and text messages that are not HIPAA-compliant do not constitute
“telemedicine.” In addition, based on current regulations, an online, electronic
or written mail message does not satisfy the standards of appropriate care.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Kentucky
Physicians:
Telehealth is defined to include “interactive audio, video, or other electronic
media.” An electronic, online, or telephonic questionnaire is considered
insufficient for the initial evaluation of a patient or any follow-up
evaluation.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Kansas
Physicians:
The term “telemedicine” is defined to require interactive modalities. In
addition, Kansas pharmacy laws prohibit prescriptions based on an online
questionnaire.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Indiana
Physicians:
Providers can prescribe on the basis of a telehealth encounter, which is defined
to include both videoconferencing and store and forward technologies. Certain
technologies are explicitly excluded from the definition of “telemedicine,”
including emails, instant messaging, fax, questionnaires, and internet
consultations. Accordingly, these technologies may not be relied upon as the
sole basis to issue prescriptions.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Illinois
Physicians:
Health care professionals are broadly permitted to use telehealth to perform
services, which includes telemedicine. Telemedicine, in turn, is defined broadly
in the Medical Practice Act to include “telephonic” and “electronic” means.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Idaho
Physicians:
A provider-patient relationship must be established using two-way, audio-visual
technology. Moreover, treatment based solely on an online questionnaire does not
constitute an acceptable standard of care.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Iowa
Physicians:
Physicians may establish a provider-patient relationship and prescribe via
telemedicine, which is defined to include audio-visual communications and
asynchronous store-and-forward technologies. A static questionnaire is
insufficient to form the basis of a prescription, in contrast to an “adaptive,
interactive, and responsive online interview,” suggesting that the former is
permissible.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Hawaii
Physicians:
Based on language in the commercial coverage statute, a provider-patient
relationship may be established via telehealth. In addition, prescribing on the
basis of a telehealth encounter is permissible provided that the standard of
care is met. Prescribing solely on the basis of an online questionnaire is
prohibited without a prior physician-patient relationship.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Georgia
Physicians:
Georgia permits prescribing through electronic means. Such treatment is
permissible if the physician has previously personally seen and examined the
patient, is providing medical care on behalf of another provider that has
personally seen the patient, or is able to examine the patient using technology
or peripherals that are equal or superior to personal examination within the
provider’s standard of care.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Michigan
Physicians:
Physicians are permitted to prescribe via telehealth, which is defined broadly.
It includes telemedicine, which is defined to include interactive audio or
video, as well as online messaging.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Florida
Physicians:
Florida permits prescribing based on a telehealth encounter, which includes
synchronous and asynchronous communications. Audio-only calls, email messages,
and fax transmissions are excluded from the definition of telehealth.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Delaware
Physicians:
Providers may establish a provider-patient relationship via telemedicine.
Diagnoses must be based on an encounter using audio and visual communication.
Prescribing solely on the basis of an online questionnaire, Internet consult, or
telephone consult is prohibited without a prior physician-patient relationship.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
District of Columbia
Physicians:
Physicians are required to use real-time telemedicine to establish a
provider-patient relationship if they have not conducted a prior in-person
examination with the patient. Real-time is defined to require “near immediate
feedback.”
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
Connecticut
Physicians:
Connecticut permits prescribing based on a real time, two-way interactive
communications or store-and-forward technologies. Fax, audio-only phone,
texting, and email are excluded from the definition of “telehealth.” Telehealth
providers must also have access to the patient’s medical history and medical
record.
For our full Rules Governing Telehealth Modalities and Patient-Provider
Relationships Report click below to download.
YOUR PRIVACY IS IMPORTANT TO US.
We use cookies to ensure the performance and security of our website, and, where
permitted, to monitor website use and usability for business and website
optimization purposes. For further information on the cookies we use, please
click on "Cookie Settings". You can adjust your cookie settings at any time by
selecting "Cookie Settings" in the footer of the website.
Cookie Settings Reject All Accept All Cookies
PRIVACY PREFERENCE CENTER
When you visit our website, we may store or retrieve information on your
browser, mostly in the form of cookies. This information might be about you,
your preferences or your device and is mostly used to make the site work as you
expect it to. The information does not usually directly identify you. Because we
respect your right to privacy, you can choose not to allow some types of
cookies. Click on the different category headings to find out more and change
our default settings. However, blocking some types of cookies may impact your
experience of the site and the services we are able to offer.
For more information on our Privacy and Cookie policies, please click here
Allow All
MANAGE CONSENT PREFERENCES
STRICTLY NECESSARY COOKIES
Always Active
These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms. You can set your browser to block
or alert you about these cookies, but some parts of the site will not then work.
These cookies do not store any personally identifiable information.
Cookie Details
PERFORMANCE COOKIES
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and
improve the performance of our site. They help us to know which pages are the
most and least popular and see how visitors move around the site. All the
information these cookies collect is aggregated and therefore anonymous. If you
do not allow these cookies we will not know when you have visited our site, and
will not be able to include your experience when we monitor our site’s
performance.
Cookie Details
FUNCTIONAL COOKIES
Functional Cookies
These cookies enable the website to provide enhanced functionality and
personalisation. They may be set by us or by third party providers whose
services we have added to our pages. If you do not allow these cookies then some
or all of these services may not function properly.
Cookie Details
TARGETING COOKIES
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may
be used by those companies to build a profile of your interests and show you
relevant adverts on other sites. They do not store directly personal
information, but are based on uniquely identifying your browser and internet
device. If you do not allow these cookies, you will experience less targeted
advertising.
Cookie Details
Back Button
PERFORMANCE COOKIES
Search Icon
Filter Icon
Clear
checkbox label label
Apply Cancel
Consent Leg.Interest
checkbox label label
checkbox label label
checkbox label label
*
View Cookies
* Name
cookie name
Reject All Confirm My Choices